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Nipponkoa Insurance Company, Ltd v. Atlas Van Lines, Inc

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ARGUED APRIL 5, 2012

Before ROVNER, WOOD, and WILLIAMS, Circuit Judges.

This case involves the applica- tion of the Carmack Amendment, 49 U.S.C. § 14706, to a set of complicated contractual arrangements among a shipper, a carrier, and two entities that facilitated the shipment. As is true in many contract cases that wind up in litigation, the fundamental question is who must ultimately bear the loss when multiple actors play a role in an arrangement. While we appreciate the efforts made by both the parties and the district court to sort this out, we conclude that further proceedings are necessary. A final answer must await further development of the details of the shipping contract and the nature of the relationship among the four companies. Summary judgment was therefore inappropriate.

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